United States Fourth Circuit

Reset A A Font size: Print

US v. Davis, 12-4346

The district court erred in counting defendant's prior consolidated sentence for multiple violations of state law, as "at least two prior felony convictions" and sentencing defendant as a career offender on that bases, where: 1) a consolidated sentence under North Carolina law is a single sentence for purposes of the career offender enhancement under the U.S. Sentencing Guidelines; and thus, 2) defendant's sentence is vacated and remanded for re-sentencing.

Appellate Information

  • Decided 06/24/2013
  • Published 06/24/2013

Judges

  • GREGORY

Court

  • United States Fourth Circuit

Counsel